ASM Capital, LP et al v. Okun et al
Filing
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STIPULATION AND ORDER TO STAY CASE AGAINST THE CORDELL DEFENDANTS PENDING CONSUMMATION OF CLASS SETTLEMENT re 25 Proposed Order filed by ASM Capital, LP. Signed by Judge Phyllis J. Hamilton on 2/2/12. (nah, COURT STAFF) (Filed on 2/2/2012)
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Robert L. Brace, Esq., SBN 122240
Email: rlbrace@hbsb.com
HOLLISTER & BRACE
P.O. Box 630
Santa Barbara, CA 93102
Telephone: (805) 963-6711
Facsimile: (805) 965-0329
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
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ASM Capital, LP, et al.
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Plaintiffs,
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v.
EDWARD H. OKUN, et al.
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Case No. C 11-04825 PJH
Assigned to the Hon. Phyllis Hamilton
STIPULATION TO STAY CASE
AGAINST THE CORDELL
DEFENDANTS PENDING
CONSUMMATION OF CLASS
SETTLEMENT; [PROPOSED] ORDER
Defendants.
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The ASM Plaintiffs and the Cordell Defendants1 (collectively, “the Parties”) hereby
stipulate to stay this matter as follows:
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09-2079
Another action entitled Hunter, et al. v. Citibank, et al., Case No. C 09-2795 JW
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(“Hunter II”) is pending before Judge James Ware. Hunter II, which was filed as a class action
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and names the Cordell Defendants, and alleges the same facts as those alleged in the above-
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captioned matter, ASM Capital v. Edward Okun, et al., Case No.C 11-4825 PJH (hereinafter,
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“Hunter III”).
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This case, Hunter III, was filed against the Cordell Defendants after Judge Ware denied
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The Cordell Defendants include: CORDELL FUNDING, LLLP, a Florida Limited Liability Limited
Partnership; CORDELL CONSULTANTS, INC., a New York Corporation; CORDELL MONEY
PURCHASE PLAN, a QUALIFIED RETIREMENT PLAN TRUST; CORDELL CONSULTANTS,
NEW YORK, LLC, a New York Limited Liability Company; ROBIN RODRIGUEZ, an individual and
such other Cordell entities controlled by Robin Rodriguez.
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STIPULATION TO STAY CASE AGAINST THE CORDELL DEFENDANTS, PENDING CONSUMMATION OF CLASS
SETTLEMENT; [PROPOSED] ORDER
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class certification in Hunter II. After denying class certification based on a contested motion, the
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Plaintiffs in Hunter II and the Cordell Defendants entered into a settlement agreement, which
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conditions the settlement on class certification.
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On December 2, 2011, the Plaintiffs in Hunter II filed a Motion for Preliminary Approval
09-2079
of their settlement with the Cordell Defendants (see Case No. C 09-2795, Dkt. 587). If the Court
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grants preliminary approval of the settlement, if there are no opt outs, and the Court grants final
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approval of the settlement, then the Hunter II case will be concluded. The conclusion of the
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Hunter II case will also conclude this case (Hunter III) as to the Cordell Defendants.
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Therefore, in the interest of saving the court’s resources, the Parties request that this
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matter, as to the Cordell Defendants only, be stayed until the conclusion of the settlement
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approval process. If the settlement is consummated, this case will be dismissed as to the Cordell
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Defendants. If the settlement is not consummated, the Parties shall notify the Court, at which
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time the Parties will request the Court to lift the stay.
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IT IS SO STIPULATED.
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HOLLISTER & BRACE
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Dated: January 31, 2012
By:
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/s/
Robert L. Brace
Attorneys for the ASM Plaintiffs
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GILBERT PA
YARNELL PLLC
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Dated: January 31, 2012
By:
/s/
Irwin Gilbert
Attorneys for the Cordell Defendants
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STIPULATION TO STAY CASE AGAINST THE CORDELL DEFENDANTS, PENDING CONSUMMATION OF CLASS
SETTLEMENT; [PROPOSED] ORDER
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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B
I, Robert L. Brace, hereby declare pursuant to General Order 45, § X.B, that I have obtained the
concurrence in the filing of this document from the other signatory listed below. I declare under
penalty of perjury under the laws of the United States of America that the foregoing declaration
is true and correct.
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Executed on January 31, 2012, in Santa Barbara, California.
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HOLLISTER & BRACE
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By:
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/s/
ROBERT L. BRACE
P.O. Box 630
Santa Barbara, CA 93102
Telephone: (805) 963-6711
Attorneys for the ASM Plaintiffs
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[PROPOSED] ORDER
Pursuant to the stipulation entered into by the Parties, and good cause appearing, it is
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HEREBY ORDERED that this litigation is stayed against the Cordell Defendants.
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IT IS FURTHER ORDERED that the Parties will notify the Court when the settlement in
09-2079
the Hunter II class action (Case No. C 09-2795 JW) has been finalized, at which time the case
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against the Cordell Defendants will be dismissed. If the settlement is not consummated, then the
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stay will be lifted and the matter shall proceed against the Cordell Defendants.
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IT IS SO ORDERED.
RT
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Ju
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amilton
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HON. PHYLLIS RED
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IS S STATES DISTRICT JUDGE
UNITED O
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2/2/12
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D IS T IC T O
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STIPULATION TO STAY CASE AGAINST THE CORDELL DEFENDANTS, PENDING CONSUMMATION OF CLASS
SETTLEMENT; [PROPOSED] ORDER
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